ALI ASGHAR vs STATE
The petitioner Ali Asghar sought post-arrest bail in case FIR No. 462 registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, following the recovery of 60 kg of chars from secret cavities of a vehicle in which he was sitting on the front seat while a co-accused drove. The core legal question was whether the petitioner's mere presence as a passenger in a vehicle containing narcotics constitutes sufficient grounds to deny bail or if his conscious knowledge requires further inquiry. The Peshawar High Court held that since the co-accused driver was in control of the vehicle and the petitioner's conscious knowledge regarding the narcotics was yet to be established at trial, his case fell within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure. Consequently, the court allowed the bail application, laying down the principle that a passenger's constructive possession and conscious knowledge of narcotics in a vehicle driven by another without direct control necessitates further inquiry warranting the grant of bail.
- Whether a passenger sitting in a vehicle from which narcotics are recovered is entitled to bail on the ground of further inquiry regarding conscious knowledge?
- Does the mere presence of an accused in a vehicle carrying narcotics establish constructive possession without proof of control?
- Section 9(c), Control of Narcotic Substances Act 1997
' Petitioner Ali Asghar seeks his release on bail in case FIR No, 462, dated 26.10.2014 registered under Sections 9(c) Control of Narcotics Substances Act, 1997 at Police Station Toru, District Mardan.
2. Facts of the prosecution case as reflected in the FIR are that the local police of P.S.Toru, Mardan was busy in routine checking of vehicles on the main road, when a Motor Car from Nowshera Mardan Road side came there which was driven by Riyazuddin and another person Ali Asghar was sitting on its front seat. Search of the secret cavities of the said car, resulted into recovery of chars weighing 60 Kg. Accordingly, both the accused, named above, were arrested and a case, vide FIR referred to above, was registered against them.
3. I have heard arguments of learned counsel for the petitioner and learned Asstt. A.G. For State and have also gone through the record with their valuable assistance.
4. As per record, 60 Kg chars, concealed in secret cavities of the vehicle has been recovered from the vehicle driven by co-accused Riyazuddin while the petitioner was sitting on its front seat. It is case of the petitioner that he was just sitting in the vehicle having no knowledge about presence of narcotics in the vehicle in question. Since co-accused Riyazuddin being driver, was in control of said vehicle, therefore, case of petitioner requires further enquiry into his guilt because his conscious knowledge about presence of narcotics in the vehicle in question is yet to be established by the prosecution at the trial. Thus, his bail application is allowed and he is directed to be released on bail provided he furnishes bail bonds in the sum of Rs,2,00,000/- with two sureties each in the like amount to the satisfaction of the Illaqa/Judicial Magistrate who shall ensure that the sureties are local, reliable and men of means.